Passionate about IP! Since June 2003 the IPKat has covered copyright, patent, trade mark, info-tech, privacy and confidentiality issues from a mainly UK and European perspective. The team is Neil J. Wilkof, Annsley Merelle Ward, Nicola Searle, Eleonora Rosati, and Merpel, with contributions from Mark Schweizer. Read, post comments and participate! E-mail the Kats here

The team is joined by Guest Kats Rosie Burbidge, Stephen Jones, Mathilde Pavis, and Eibhlin Vardy, and by InternKats Verónica Rodríguez Arguijo, Hayleigh Bosher, Tian Lu and Cecilia Sbrolli.

Monday, 29 September 2014

Last week was a little quieter than usual in terms of quantities of Katposts, as can be seen from the relatively short list compiled by the unceasingly diligent Alberto Bellan. So here's the thirteenth in our series of weekly round-ups, designed to help you spot the most important posts for you if you were away from your computer last week but want to know which items are still worth your while to pursue:

Statistics from the UK
Intellectual Property Office reveal a downward trend in
the number of patent applications filed by UK applicants, while corresponding
numbers of European and PCT applications remain relatively stable. Jeremy gives the floor to Katfriend Peter Arrowsmith (a partner in London-based patent
attorneys Cleveland), who investigates the reasons for this diminished
appetite, while readers enthusiastically participate with their comments.

U.S.
Representative Blake Farenthold has introduced a bill in Congress, the Your Own Devices Act(YODA), which would amend Section 109 of
the Copyright Act by providing that the first sale doctrine applies to any
computer program enabling a machine or another product to operate. Marie-Andreé
explains what the possible enactment of YODA would entail for the US digital
market and consumers, also in light of relevant US case law upon digital goods
exhaustion.

On
the basis of scientific literature and published patents, Scientificwatch.com drafted a report called “The World in 2025—10 Predictions of
Innovation”, listing 10 innovative tendencies that could characterize
our future. Neil seizes the
chance to reflect upon the role of patents and trade secrets in providing
information about cutting-edge developments -- are they more teleporting than
scientific literature?

David
reports on Compactgtl Ltd v Velocys Plc & Others[2014]
EWHC 2951 (Pat), an Arnoldian decision of the Patents Court, England and Wales. This case concerns patent infringement and validity in the field of
catalysts for hydrocarbon conversion and contains couple of interesting points
on correction and amendment.

The shameful and illiberal
crusade against those who freely decide to smoke and lawfully sell smoking
products continues. In this episode of the series [which Alberto suggests rebranding “The Smoky Decline of Western Liberties”]
Marie-Andreé reports that the French Health Minister intends to order that all the cigarette packages must have the same shape, size, colour and typography.
Steps toward neutral packages have been made in the UK and EU, and IP is as
involved in this issue as constitutional freedom of choice.

In
some countries, Red Nose Day is an annual telethon to raise money for charity.
Some people wear the red nose as a sign of their support of the charity.
Similar initiatives take place in other parts of the world. In Australia,
the “Red Nose” trade mark is being litigated in proceedings concerning,
among other things, non-use. Rebecca tells us how it is going.

Asreported by this blog, last
week the Spanish Supreme Court referred two
questions to the Court of Justice of the European Union, asking whether
fair compensation for private copying secured through annual public grants via
the State budget complies with Article 5(2)(b) of the InfoSoc Directive. Eleonora leaves the floor
to KatfriendJavier Ramirez, who explains the
preliminary views expressed by the Spanish Supreme Court at the time of making
this reference.

In
Australia and New Zealand, the word ‘ANZAC’ refers to the Australian New
Zealand Army Corps, and specifically to the soldiers who served in World War I.
That term is also protected under an Australian law, which is something that Scientology most likely did not know when its devotees decided to use the very same
term ‘ANZAC’ for one of its fundraising campaigns to build a Scientology centre
in Auckland. Rebecca gives us the details.

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